Terrorism (Extraordinary Powers) Act 2005

On an application made under section 24, a judge may issue a covert search warrant in respect of a place or vehicle if the judge is satisfied —

that, in respect of each of the matters in section 24(3) that the applicant suspects or believes, there are reasonable grounds for the applicant to have those suspicions and beliefs; and

having considered the matters in subsection (3), that the issue of the warrant is justified; and

if an application for a covert search warrant for the target place or target vehicle has been made in the previous 3 months and refused — that the new application contains additional information that, together with that in the previous application, justifies issuing the warrant.

A judge must not issue a covert search warrant that confers a power to enter a place adjoining or near the target place or target vehicle unless satisfied that the power is reasonably necessary —

to facilitate entry to or the search of the target place or target vehicle; or

to prevent the search being frustrated or jeopardised; or

for any other good reason.

In deciding whether the issue of a covert search warrant is justified, a judge must consider (but is not limited to considering) these matters —

the nature and seriousness of the terrorist act or Commonwealth terrorist offence described in the application;

whether there are alternative means of finding the thing or class of thing sought.

A judge issuing a covert search warrant may do so on any terms and conditions the judge thinks just.

A covert search warrant must contain this information —

the authorised applicant’s full name, rank and registered number;

a description of the target place or target vehicle;

a description of the thing or the class of thing that may be searched for and seized;

if the warrant authorises the entry of a place that adjoins or is near the target place or target vehicle — a description of the place;

if the warrant authorises the removal of a thing from the target place or target vehicle and its replacement with a substitute — a description of the thing;

if the warrant authorises the re‑entry of the target place or target vehicle to return any thing removed from, or to retrieve any thing substituted in, the place or vehicle when it was first entered under the warrant — a description of the thing;

any other terms or conditions to which it is subject;

the date on which it expires, which must not be more than 30 days after the date on which it is issued;

the date and time when it was issued.